Joliman Lawyers understand farming and water related issues and can advise you on all water transfers and agreements.
Such transactions as are common place in the field of water law:
- Water Transfers
- Trade Water Allocation
- Consolidation of Water Shares
- Divide and Transfer a Water Share
- Divide a Water Share
- Transfer of a Water Licence
Victoria and New South Wales have altered in the past two decades the way water is traded in the states. Victoria in recent years has come into line with what NSW had in place for some time that being separating water from land otherwise termed “unbundling”. In the past water was sold with land now it can be sold separate from land however the infrastructure and fees associated thereto remain with the property.
With the use of terms such as water-use licences, delivery shares and Water Entitlements it can be somewhat confusing for the novas. The description provided by the Victorian government is as follows:
“Traditional water rights and take and use licences in declared water systems have been unbundled into three entitlements:
Water share – a legally recognised, secure share of the water available to be taken from a defined water system; a water share is specified as a maximum volume of seasonal allocation that may be made against that share.
Delivery share – the right to have water delivered by a water corporation and a share of the available flow in a delivery system: a share in terms of unit volume per unit of time of the total amount of water that can be drawn from a water system at a certain point.
- Water-use licences – the right to use water on a specific piece of land, or water-use registration: an authorisation to use water for purposes other than irrigation”
A water transfer is where a water share or licence is either temporarily or permanently transferred to another person or entity. Victoria maintains a 4% limit on permanent water trade each year out of irrigation districts in northern Victoria. Meaning water can be traded out of the region.
If you would like more advise or are thinking about buying or selling water ask the team at Joliman Lawyers.